Bill H.2374
188th (2013 - 2014)

An Act relative to transfer the employees of the Franklin Regional Council of Governments to the state employee’s retirement system

Bill Title: An Act relative to transfer the employees of the Franklin Regional Council of Governments to the state employee’s retirement system

By Mr. Kulik of Worthington, a petition (accompanied by bill, House, No. 2374) of Stephen Kulik, Benjamin B. Downing and Stanley C. Rosenberg relative to transferring the employees of the Franklin Regional Council of Governments to the state employee’s retirement system. Public Service.

SECTION 1. Notwithstanding any general or special law to the contrary, the accumulated deductions, including interest, credited as of July 1, 2013 to the annuity savings accounts of persons actively employed by the Franklin Regional Council of Governments who are active members of the Franklin Regional Retirement System shall be transferred to the state employees’ retirement system. The Public Employee Retirement Administration Commission shall certify to the state board of retirement that the amounts transferred under this act are accurate.

SECTION 2. Upon completion of the required documentation and acceptance by the state board of retirement under applicable law and regulations, persons actively employed by the Franklin Regional Council of Governments who are active members of the Franklin Regional Retirement System shall become members of the state employees’ retirement system as of July 1, 2013, and shall be subject to the rules and regulations of that system.

SECTION 3. Under paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws, the Franklin Regional Retirement System shall reimburse the state employees’ retirement system for the amount of any retirement allowance paid to employees transferred under this act that is attributable to their creditable service while employees of the Franklin Regional Council of Governments and members of the Franklin Regional Retirement System. This provision shall have no effect on any other liability under said chapter 32 that the Franklin Regional Retirement System may have to the state employees’ retirement system. Former employees of the Franklin Regional Council of Governments that are inactive members of the Franklin Regional Retirement System as of July 1, 2013, that return to active service with the Franklin Regional Council of Governments on or after July 1, 2013, and become members of the state employees’ retirement system, shall be subject to the normal transfer procedures under applicable law and regulations.

SECTION 4. The state board of retirement shall not be responsible for any amount of retirement allowance, disability allowance, or other benefit under said chapter 32 for any employee, survivor or beneficiary of the Franklin Regional Council of Governments due on or before July 1, 2013 from the Franklin Regional Retirement System, or for any portion of any unfunded liability that may exist for an employee, survivor, or beneficiary of the Franklin Regional Council of Governments related to the Franklin Regional Retirement System.

SECTION 5. The state board of retirement shall not be responsible for liability for any service accrued prior to July 1, 2013 by retirees of the Franklin Regional Council of Governments that are retirees of the Franklin Regional Retirement System as of July 1, 2013, that return to active service with the Franklin Regional Council of Governments on or after July 1, 2013, and become members of the state employees’ retirement system with the intent of reinstatement as provided by section 105 of chapter 32 of the General Laws. Any repayment of retirement allowance will be made to the Franklin Regional Retirement System, which shall retain liability for service accrued by the reinstated member while a member of the Franklin Regional Retirement System and shall be subject to the normal transfer procedures under applicable law and regulations.

SECTION 6. Employees of the Franklin Regional Council of Governments shall be eligible for membership in the state employees’ retirement system only if they meet the state board of retirement’s membership requirements. Members of the Franklin Regional Council of Governments shall conform to the state board of retirement’s payroll reporting requirements.

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